FMCSA Proposes Driver Hours of Service Revisions

On August 23, 2018 (83 FR 42631), the Federal Motor Carrier Safety Administration (FMCSA) published a Advance Notice of Proposed Rulemaking (ANPRM) in the federal register seeking public input on four (4) specific areas in which FMCSA is considering changes: (1) The short-haul hours-of-service (HOS) limit; (2) The HOS exception for adverse driving conditions; (3) The 30-minute rest break provision; and (4) The sleeper berth rule to allow drivers to split their required time in the sleeper berth. The introduction of electronic logging devices and their ability to accurately record compliance with HOS regulations for drivers of commercial motor vehicles (CMVs) have prompted numerous requests from Congress and the public for FMCSA to consider revising certain HOS provisions in 49 CFR Part 395. FMCSA is also seeking public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org (TruckerNation). OOIDA petitioned FMCSA to amend the HOS rules to allow drivers to take a rest break once per 14-hour duty period for up to three consecutive hours if the driver is offduty. OOIDA’s petition also requests that FMCSA eliminate the 30-minute rest break requirement which FMCSA had identified as an area of consideration for rulemaking. TruckerNation petitioned FMCSA to revise the prohibition against driving after the 14th hour of the beginning of the work shift, allow drivers to use multiple off-duty periods of three hours or longer in lieu of having 10 consecutive hours off-duty, and eliminate the 30-minute rest break requirement. Comments on this ANPRM must be received on or before September 24, 2018.